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2010 Supreme(Mad) 1659

M.DURAISWAMY
Jugraj – Appellant
Versus
P. Sankaran & Others – Respondent


Advocates Appeared:
For the Appearing Parties:S. Raghavan, Advocate. R. Subramanian, Sr. Counsel for S.V.R. Ram Prasad, Advocate.

Judgment :-

The above Second Appeal arises against the judgment and decree in A.S.No.298 of 2000 on the file of II Additional Judge, City Civil Court, Chennai confirming the Judgment and Decree in O.S.No.3820 of 1996 on the file of VIII Assistant Judge, City Civil Court, Chennai.

2. The plaintiff in the suit is the appellant in the above second appeal and the respondents 1 to 7 are the defendants in the suit. The respondents 8 and 9 are the purchasers of the suit property from the respondents 1 to 7, who were impleaded in the above second appeal.

3. The plaintiff filed the suit in O.S.No.3820 of 1996 on the file of VIII Assistant Judge, City Civil Court, Chennai for the following reliefs:

(i) Directing the defendants to specifically perform the agreement of sale dated 16. 1983 filed as Plaint Document No.1 and to execute the same in his favour of the plaint schedule mentioned property.

ii) Directing the defendants to deliver to the plaintiff vacant possession of the plaint schedule mentioned property.

iii) In the event this court comes to the conclusion that specific performance cannot be ordered, then direct the defendants to refund to the plaintiff the advance of Rs.35,000/-pai
























































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